NCH Healthcare System, Inc. v. Paxerahealth Corp.
Plaintiff: NCH Healthcare System, Inc.
Defendant: Paxerahealth Corp.
Case Number: 2:2019cv00632
Filed: August 30, 2019
Court: US District Court for the Middle District of Florida
Office: Ft. Myers Office
Presiding Judge: Sheri Polster Chappell
Referring Judge: Mac R McCoy
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 17, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2019 Filing 38 MEMORANDUM in opposition re #36 Motion for Miscellaneous Relief specifically to Abstain Jurisdiction filed by NCH Healthcare System, Inc.. (Withers, Ashley)
October 14, 2019 Filing 37 CASE MANAGEMENT REPORT. (Dudek, Kyle)
October 11, 2019 Filing 36 MOTION for miscellaneous relief, specifically Abstain Jurisdiction by Paxerahealth Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dudek, Kyle)
October 4, 2019 Filing 35 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 10/22/2019 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 11/26/2019 at 09:30 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. (jmc)
October 4, 2019 Opinion or Order Filing 34 ENDORSED ORDER granting #33 Defendant's Motion to Continue Pretrial Conference. The Clerk of Court is directed to reschedule the Preliminary Pretrial Conference in this matter for the next available date and time on the Court's calendar. Signed by Magistrate Judge Mac R. McCoy on 10/4/2019. (JTB)
October 3, 2019 Filing 33 MOTION to Continue Pretrial Conference by Paxerahealth Corp.. (Corso, Michael)
October 2, 2019 Opinion or Order Filing 32 ENDORSED ORDER denying as moot Defendant PaxeraHealth Corp.'s Motion to Dismiss (Doc. #4) because Plaintiff NCH Healthcare System, Inc. has filed a First Amended Complaint (Doc. #30). See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir. 1999). Signed by Judge Sheri Polster Chappell on 10/2/2019. (NMC)
September 30, 2019 Opinion or Order Filing 31 ORDERED: Plaintiff NCH Healthcare System, Inc.'s Second Amended Motion for Preliminary Injunction (Doc. #12) is DENIED. Signed by Judge Sheri Polster Chappell on 9/30/2019. (AEH)
September 27, 2019 Filing 30 AMENDED COMPLAINT against Paxerahealth Corp. with Jury Demand. filed by NCH Healthcare System, Inc..(Withers, Ashley)
September 27, 2019 Filing 29 Minute Entry. Proceedings held before Judge Sheri Polster Chappell: MOTION HEARING held on 9/27/2019 re #12 Amended MOTION for preliminary injunction filed by NCH Healthcare System, Inc.. Court Reporter: Susan C. Baker (AEH)
September 26, 2019 Opinion or Order Filing 28 ENDORSED ORDER. Before Defendant Paxerahealth Corp. removed this case, Plaintiff NCH Healthcare System, Inc. filed a First Amended Complaint and Jury Demand in state court, but it was omitted from the documents filed with the Notice of Removal. NCH is ORDERED to file the First Amended Complaint and Jury Demand in this Court on or before September 27, 2019. Paxera is ORDERED to file its response on or before October 11, 2019. Signed by Judge Sheri Polster Chappell on 9/26/2019. (NMC)
September 24, 2019 Filing 27 RESPONSE in Opposition re #12 Amended MOTION for preliminary injunction Sur-Reply filed by Paxerahealth Corp.. (Attachments: #1 Affidavit Ex. A)(Dudek, Kyle)
September 20, 2019 Filing 26 REPLY to Response to Motion re #24 MOTION for leave to file a Reply and Supplemental Affidavit in Further Support of Motion for Preliminary Injunction , #12 Amended MOTION for preliminary injunction Plaintiff's Reply to Defendant's Response in Opposition to Plaintiff's Second Amended Motion for Preliminary Injunction filed by NCH Healthcare System, Inc.. (Withers, Ashley)
September 18, 2019 Opinion or Order Filing 25 ENDORSED ORDER granting Plaintiff's Motion for Leave to File a Reply and Supplemental Affidavit in Further Support of Motion for Preliminary Injunction (Doc. #24). Plaintiff may file a reply and an affidavit, not to exceed 3 pages each, on or before September 20, 2019. Defendant may, at its discretion, file a surreply and an affidavit, not to exceed 3 pages each, on or before September 24, 2019. Signed by Judge Sheri Polster Chappell on 9/18/2019. (NMC)
September 17, 2019 Filing 24 MOTION for leave to file a Reply and Supplemental Affidavit in Further Support of Motion for Preliminary Injunction by NCH Healthcare System, Inc.. (Withers, Ashley)
September 17, 2019 Filing 23 NOTICE to counsel Lindsey H. Bergholz of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (SPB)
September 16, 2019 Filing 22 RESPONSE in Opposition re #12 Amended MOTION for preliminary injunction filed by Paxerahealth Corp.. (Attachments: #1 Exhibit A)(Dudek, Kyle)
September 13, 2019 Filing 21 NOTICE by NCH Healthcare System, Inc. Designation of Trial Counsel (Withers, Ashley)
September 13, 2019 Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by NCH Healthcare System, Inc.. (Withers, Ashley)
September 13, 2019 Filing 19 NOTICE of pendency of related cases per Local Rule 1.04(d) by NCH Healthcare System, Inc.. Related case(s): yes (Withers, Ashley)
September 13, 2019 Filing 18 NOTICE of Appearance by Ashley Withers and Andrew Vogt on behalf of NCH Healthcare System, Inc. (Withers, Ashley) Modified on 9/13/2019 as to counsel of record (drn).
September 12, 2019 Filing 17 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by Paxerahealth Corp.. (Corso, Michael)
September 10, 2019 Opinion or Order Filing 16 ENDORSED ORDER granting #14 Defendant's Motion for Extension of Time to Respond to a Preliminary Injunction. Defendant must file its response no later than 9/16/2019. Signed by Magistrate Judge Mac R. McCoy on 9/10/2019. (JTB).
September 10, 2019 Filing 15 NOTICE of hearing on Plaintiff's Second Amended MOTION for Preliminary Injunction . Motion Hearing is set for 9/26/2019 at 1:30 PM in Ft. Myers Courtroom 5D before Judge Sheri Polster Chappell. (AEH)
September 10, 2019 Filing 14 MOTION to extend time to Respond to Preliminary Injunction by Paxerahealth Corp.. (Dudek, Kyle) Motions referred to Magistrate Judge Mac R. McCoy.
September 9, 2019 Filing 13 NOTICE of pendency of related cases re #8 Related case order and track 2 notice per Local Rule 1.04(d) by Paxerahealth Corp.. Related case(s): yes (Corso, Michael)
September 6, 2019 Filing 12 Second Amended MOTION for preliminary injunction by NCH Healthcare System, Inc.. (Withers, Ashley) Modified on 9/6/2019 as to docket text (drn).
September 4, 2019 Opinion or Order Filing 11 ORDER GOVERNING PRELIMINARY PRETRIAL CONFERENCE. Signed by Magistrate Judge Mac R. McCoy on 9/4/2019. (jmc)
September 3, 2019 Filing 10 NOTICE of hearing: Preliminary Pretrial Conference set for 10/22/2019 at 09:30 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. Notwithstanding any prior Order of the Court, the parties shall file a joint Case Management Report no later than 10/14/2019. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held.(jmc)
September 3, 2019 Filing 9 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 9/17/2019. Signed by All Divisional Judges on 9/3/2019. (jmc)
September 3, 2019 Opinion or Order Filing 8 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 9/17/2019. Signed by Judge Sheri Polster Chappell on 9/3/2019. (jmc)
August 30, 2019 Opinion or Order Filing 7 ORDER denying Plaintiff's Amended Emergency Verified Motion for Temporary Injunction (Doc. #5). Plaintiff may refile a proper amended motion on or before September 6, 2019. If Plaintiff does so, Defendant must respond on or before September 13, 2019. Signed by Judge Sheri Polster Chappell on 8/30/2019. (CMC)
August 30, 2019 Filing 6 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 8/30/2019. (drn)
August 30, 2019 Filing 5 AMENDED EMERGENCY MOTION for temporary injunction by NCH Healthcare System, Inc.. (drn)
August 30, 2019 Filing 4 MOTION to Dismiss complaint by Paxerahealth Corp.. (drn)
August 30, 2019 Filing 3 COMPLAINT against Paxerahealth Corp. with Jury Demand filed by NCH Healthcare System, Inc. in State Court on 7/6/19.(drn)
August 30, 2019 Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Mac R. McCoy. New case number: 2:19-cv-632-FtM-38MRM. (SJB)
August 30, 2019 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Collier County Circuit Court, case number 19-CA-2833 filed in State Court on 07/16/2019. Filing fee $ 400, receipt number 113A-15868319 filed by Paxerahealth Corp.. (Attachments: #1 State Court Other Documents Exh. A-State Court Pleadings, #2 Civil Cover Sheet Civil Cover Sheet)(Dudek, Kyle)

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Defendant: Paxerahealth Corp.
Represented By: Kyle Dudek
Represented By: Michael Joseph Corso
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Plaintiff: NCH Healthcare System, Inc.
Represented By: Ashley Withers
Represented By: Andrew E. Vogt
Represented By: Lindsey H. Bergholz
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